Chondrolysis Litigation (Multiple Jurisdictions)
Eimer Stahl served as National Coordinating Counsel for a medical device manufacturer, overseeing dozens of medical device products liability suits filed in federal and state courts across the nation. The cases involved the sale and marketing by a subsidiary of the manufacturer of a continuous infusion therapy device that administered post-surgical local anesthetic directly into wound sites following orthopedic surgeries. The placement of the continuous infusion therapy device in certain joints was alleged to cause rapid deterioration of articular cartilage, a condition known as chondrolysis.
As National Coordinating Co-Counsel, Eimer Stahl worked closely with our client, its subsidiary, and co-counsel to develop and implement a general defense strategy and to ensure that the various cases were litigated in a consistent manner. Highlights of Eimer Stahl’s representation include:
- Successfully opposed the consolidation of cases into multidistrict litigation (MDL);
- Handled appeals;
- Drafted summary judgment templates and provided final approval of all summary judgment motions for all cases;
- Prepared key motions in limine for use in all cases;
- Drafted templates and provided final approval of all Daubert and Frye motions to exclude plaintiffs’ experts;
- Prepared and participated in multi-day jury exercise for use in settlement negotiations and trial preparation;
- Engaged and worked with numerous experts;
- Defended key company and expert depositions;
- Fully prepared several cases for trial, all of which settled or were resolved days before trial was to commence.